FBI officers are authorised to used Stingrays on terrorism investigations

A new surveillance tool used by the FBI has been criticised for being invasive and unconstitutional by an American digital rights pressure group.

The 'Stingray' acts as a fake mobile phone tower, tricking your phone to connect with it even if you are not on a call.

It can allow users to eavesdrop on your call and locate you to within two metres.

Now the Electronic Frontier Foundation (EFF) has warned that the device, which is widely used across the US by the FBI, is being used for far more routine cases than the terrorism investigations it was originally introduced to help.

The pressure group has described it as 'an unconstitutional, all-you-can-eat data buffet', and says it can 'suck down data on potentially thousands of innocent people along the way'.

The EFF says that when the Los Angeles Police Department got a Department of Homeland Security grant in 2006 to buy a Stingray, it was on the grounds that it would be used for 'regional terrorism investigations'.

Instead, EFF's web reportsays: 'LAPD has been using it for just about any investigation imaginable.

'In just a four month period in 2012, according to documents obtained by the First Amendment Coalition, the LAPD has used the device at least 21 times in “far more routine” criminal investigations.'

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It said the LA weekly reported that Stingrays were used for more than 13 per cent of 155 mobile phone investigation cases that LAPD worked on between June and September 2012, including burglary, drug and murder cases.

The EFF report says the use of the Stingray is just the latest example of the US government using 'terrorism' as an excuse to exert stronger powers over even ordinary citizens.

It adds: 'Stingrays are particularly
odious given they give police dangerous “general warrant” powers, which
the founding fathers specifically drafted the Fourth Amendment to
prevent.'

In pre-revolution
America, British soldiers used 'general warrants' to search houses
without specifying what they were after without specification.

Los Angeles Police are authorised to use the Stingray for 'regional terrorism investigations' (file photo)

George Washington's copy of the US Constitution: The fourth amendment guards against unlawful searches

Critics say the Stringray could be used by officers searching for one target to suck up mobile phone signals of countless innocent individuals.

The Foundation also highlights a report in Slate that mentions FBI internal guidance relating to America's Communications Act about how 'interference' with communication signals is outlawed.

The report says it is significant because it demonstrates: '"That there are clearly concerns, even with the agency, that the use of Stingray technology might be inconsistent with current regulations" according to EPIC attorney Alan Butler.

'"I don't know how the Department of Justice justifies the use of Stingrays given the limitations of the Communications Act prohibition."'

Slate also suggested that the FBI was loaning out the devices to local police.

An FBI spokesman told MailOnline: 'In all FBI investigations, the use of any investigative tool is required to be in compliance with the constitution, the laws of the United States, and internal Department of Justice guidelines.

'The FBI strives to protect our country and its people using every available tool, with utmost respect for the rule of law and our cherished right to privacy. All our investigations are furthermore subject to internal and external oversight and compliance review.'

He added: 'Location information is a vital component of law enforcement investigations. During the course of FBI investigations and as permitted by controlling legal authority, the FBI may use a variety of tools and technology, including cell phone location technology.

'The specific equipment used by law enforcement to obtain location information and the capabilities of that equipment generally are considered “Law Enforcement Sensitive.”

'Law Enforcement Sensitive is a designation applied to protect certain information about law enforcement capabilities so that subjects of law enforcement investigations do not learn how to evade or defeat lawfully authorized investigative activity.'